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(No. V.) 5 & 6 W. IV. c. 54.-An Act to render certain No. V.
Marriages valid, and to alter the Law with respect to certain 5&6 W. 4, voidable Marriages.
[31st August 1835). WHEREAS marriages between persons within the prohibited degrees
are voidable only by sentence of the ecclesiastical court pronounced during the lifetime of both the parties thereto, and it is unreasonable that the state and condition of the children of marriages between persons within the prohibited degrees of affinity should remain unsettled during so long a period, and it is fitting that all marriages which may hereafter be celebrated between persons within the prohibited degrees of consanguinity or affinity should be ipso facto void, and not merely voidable : be it therefore enacted, &c. That all marriages which shall have been cele- Marriages bebrated before the passing of this act between persons being within the fore the passing probibited degrees of affinity shall not hereafter be annulled for that of this act of carse by any sentence of the ecclesiastical court, unless pronounced in a persons within suit which shall be depending at the time of the passing of this act : the prohibited provided that nothing hereinbefore enacted shall affect marriages be- degrees not to
be annulled. tween persons being within the prohibited degrees of consanguinity.
II. That all marriages which shall hereafter be celebrated between Marriages of persons within the prohibited degrees of consanguinity or affinity shall persons within be absolutely null and void to all intents and purposes whatsoever. prohibited de
grees hereafter to be absolutely void. III. Provided always, that nothing in this act shall be construed to Not to extend entend to that part of the United Kingdom called Scotland.
[There has been no recent statute on this subject. The provisions of the new Poor Law Act, (4 and 5 W. 4, c. 76,) with respect to Bastards will be found under Part VI., Justices of the Peace, Class 28, Poor.]
[No. I.] 1 W. IV.c.21.-An act to improve the Proceedings in
Prohibitionand on Writs of Mandamus. [30th March 1831.] WHEREAS the filing a suggestion of record on application for a
writ of prohibition is productive of unnecessary expence, and the
allegation of contempt in a declaration in prohibition filed before writ Applications
issued is an unnecessary form; and it is expedient to make some better for writs of provision for payment of costs in cases of prohibition; be it enacted, &c. prohibitions
That it shall not be necessary to file a suggestion on any application for may be made on a writ of prohibition, but such application may be made on affidavits affidavitonly. only; and in case the party applying shall be directed to declare in proContents of
hibition before writ issued, such declaration shall be expressed to be on declaration
behalf of such party only, and not, as heretofore, on the behalf of the in case the party and of his Majesty, and shall contain and set forth in a concise party is directed manner so much only of the proceeding in the court below as may be to declare in necessary to shew the ground of the application, without alleging the prohibition.
delivery of a writ or any contempt, and shall conclude by praying that Defendant may a writ of prohibition may issue; to which declaration the party defendant demur to de- may demur, or plead such matters, by way of traverse or otherwise, as claration, may be proper to shew that the writ ought not to issue, and conclude Judgment.
by praying that such writ may not issue; and judgment shall be given, Costs.
that the writ of prohibition do or do not issue, as justice may require; and the party in whose favour judgment shall be given, whether on nonsuit, verdict, demurrer, or otherwise, shall be entitled to the costs attending the application and subsequent proceedings, and have judgment to
recover the same; and in case a verdict shall be given for the party Damages.
plaintiff in such declaration, it shall be lawful for the jury to assess damages, for which judgment shall also be given, but such assessment
shall not be necessary to entitle the plaintiff to costs. So much of 2 II. That so much of an act passed in the second and third years of & 3 Ed, 6, c.
the reign of king Edward the sixth, intituled, An Act for Payment of 13, as relates
Tithes, as relates to prohibition, shall be and the same is hereby to prohibition
repealed. repealed. The enact
III. And whereas the provisions contained in a certain act of parments of 9 liament passed in the ninth year of the reign of Queen Anne, intituled, Anne, c. 20,
An Act for rendering the Proceedings upon Writs of Mandamus and relating to Informations in the nature of a Quo warranto more speedy and effectual, returns to writs and for the more easy trying and determining the rights of Ofices and of mandamus Franchises in Corporations and Boronghs, relating to the writs of mantherein men- damus therein mentioned, have been found useful and convenient, and tioned, and the the same ought to be extended to the proceeding on other such writs : proceedings be it therefore enacted, That the several enactments contained in the thereon, ex
said statute relating to the return to writs of mandamus, and the pro
all other writs of ceedings on such returns, and to the recovery of damages and costs, mandamus.
shall be and the same are hereby extended and made applicable to all other writs of mandamus, and the proceedings thereon, except so far
only as the same may be varied or altered by this act. For protection
IV. And whereas writs of mandamus, other than such as relate to the of certain offices and franchises mentioned in or provided for by the said act madeofficers to in the ninth year of the reign of Queen Anne, are sometimes isued to whom writs of mandamus are directed.
officers and other persons, commanding them to admit to offices, or d No. I. or perform other matters, in respect whereof the persons to whom such i W.4, c. 21. writs are directed claim no right or interest, or whose functions are merely ministerial in relation to such offices or matters; and it may be proper that such officers and persons should in certain cases be protected against the payment of damages or costs to which they may otherwise become liable; be it therefore enacted, That it shall be lawful for the court to which application may be made for any writ of mandamus, (other than such as relate to the said offices and franchises mentioned in or provided for by the said act made in the reign of Queen Anne,) if such court shall see fit so to do, to make rules and orders, calling not only upon the person to whom such writ may be required to issue, but also all and every other person having or claiming any right or interest in or to the matter of such writ, to shew cause against the issuing of such writ and payment of costs of the application, and upon the appearance of such other person in compliance with such rules, or in default of appearance after service thereof, to exercise all such powers and authorities, and make all such rules and orders, applicable to the case, as are or may be given or mentioned by or in any act passed or to be passed during this present session of parliament for giving relief against adverse claims made upon persons having no interest in the subject of such claims : Provided always, that the return to be made to any such writ, and issues joined in fact or in law upon any traverse thereof, or upon any demurrer, shall be made and joined by and in the name of the person to whom such writ shall be directed; but Devertheless the same shall and may, if the court shall think fit so to direct, be expressed to be made and joined on the behalf of such other person as may be mentioned in such rules; and in that case such other person shall be permitted to frame the return, and to conduct the subsequent proceedings, at his own expence; and in such case, if any judgment shall be given, for or against the party suing such writ, such judgment shall be given against or for the person or persons on whose behalf the return shall be expressed to be made, and who shall have the like remedy for the recovery of costs and enforcing the judgment as the person to whom the writ shall have been directed might and would otherwise have had.
V. That in case the return to any such writ, shall, in pursuance of Proceedings the authority given by this act, be expressed to be made on behalf of not to abate by any other person as aforesaid, the further proceedings on such writ shall removal of
officer. not abate or be discontinued by the death or resignation of, or removal from office of, the person having made such return, but the same shall and may be continued and carried on in the name of such person; and if a peremptory writ shall be awarded, the same shall and may be directed to any successor in office or right to such person.
VI. And for making some further provision for the payment of costs Costs to be in on applications for mandamus, be it further enacted, That in all cases the discretion of application for any writ of mandamus whatsoever, the costs of such of the court. application, whether the writ shall be granted or refused, and also the costs of the writ, if the same shall be issued and obeyed, shall be in the discretion of the court, and the court is hereby authorized to order and direct by whom and to whom the same shall be paid.
[It was held that the above statute did not apply to cases where the proceeding had commenced before the statute came into operation. Rex v. Inhabitants of Wix, 2 Barn. and Adol. 197, and Rex v. Hungerford Market Company, 2 Barn. and Adol. 204, note.
Under the 6th section the costs of a mandamus and of applying for it may be obtained by a distinct motion, after the issuing of the writ, and upon such a motion the court will refer for its guidance to the affidavits filed in support of the application for a mandamus, if it be clear that both applications are made by the same parties. Rex v. Kirke, 5 Barn, and Adol. 1089.]
No. II. [No. II.] 2 and 3 W. IV. c. 69.--An Act to prevent the 2 & 3 W. 4, Application of Corporate Property to the Purposes of c. 69. Election of Members to serve in Parliament.
[1st August 1832.] WHEREAS the property belonging to cities, towns, cinque ports,
and boroughs corporate in the United Kingdom of Great Britain and Ireland may be wasted and dissipated by the application thereof in or towards the expences attendant upon parliamentary elections, to the great detriment of such municipal corporations; and it is expedient to make provision to prevent such detriment, and also to ensure the freedom of election by restraining the application of corporate property as before-mentioned: be it therefore enacted, &c.: That from and after the passing of this act it shall not be lawful for any municipal corporation as aforesaid, or any court, guild, council, or assembly constituting or composed of the ruling or governing part or class thereof, or any
corporate officer, trustee, or other person acting on behalf of such Monies of per- corporation or any part thereof, to pay, transfer, give, bestow, or apply sonal property Lelonging to
any, sum or sums of money, or any parliamentary or other stocks, funds, municipal cor
or securities for money, or any personal chattel, belonging to or vested porations not
in the same corporation or any part thereof, or in any individual in to be applied in trust for, or for the benefit of such corporation, in satisfaction, comor towards par- pensation, or discharge of any expences incident to or incurred or liamentary occasioned by the election of a member to serve in the commons house elections : of parliament, or by any person offering himself as a candidate at or
previous to a parliamentary election ; and that all bonds, covenants, recognizances, or judgments given, executed, or suffered by any such corporation, or any part or class thereof, or by any corporate officer,
trustee, or other person in the name or on the behalf of such corpoand all bonds, be utterly void.
ration, for the purpose of securing the payment of such expences, shall &c. for securing the same void.
II. That any gifts, transfers, payments, or gratuities, bonds, covenants, recognizances, or judgments, made, paid, given, executed, or suffered by any corporation, part of a corporation, or corporate officer, or trustee,
or other person as aforesaid, for the purpose of inducing or influencing Payments, &c.
any person or persons to labour in parliamentary elections at a future made for the time, or to pay, satisfy, or incur any such expences as aforesaid at a
future time, shall be deemed to be payments, transfers, applications, ducing any per
and securities forbidden and declared void by this act, although the
same may be ostensibly and colourably made, paid, given, executed, or himself in elec- suffered for any other cause or consideration. tions at a future III. That all conveyances, mortgages, leases, or other assurances or time to be con- dispositions of lands, tenements, or hereditaments, belonging to or · sidered as with vested in or held in trust for any municipal corporation, made or exein this act. cuted for the purpose of securing, satisfying, or compensating any All dispositions expences, debts, payments, or disbursements, liabilities or engagements, of real property, incurred or to be incurred by the same corporation, or any part or class for the purpose thereof, or any member, officer, or trustee thereof, or by any other perof satisfying or son on behalf of such corporation, contrary to the true intent and securing any meaning of this act, and all estates, charges, and incumbrances thereby expences here- created, shall be utterly void. by prohibited, IV. That all votes, orders, or resolutions, acts, bye laws, or other proto be void.
ceedings made, passed, or adopted by any municipal corporation, or any All votes and part or class thereof, or any member or inembers thereof, for the purpose other proceed- of directing or authorizing, or pretending to direct or authorize, any ings contrary to
payment, matter, or thing forbidden by this act, or for the purpose of this act to be void.
evading the provisions hereby enacted, shall be utterly void.
purpose of in
son to exert
V. That any corporate officer, trustee, or other person who shall No. II. make or concur in making any payment, transfer, or application of cor- 2 & 3 W. 4, poration money, stocks, funds, or securities, or personal chattel, as
c. 69. aforesaid, contrary to the true intent and meaning of this act, shall be deemed and taken to have made the same in his own wrong, and that Corporate he shall be individually liable to repay, satisfy, and make good the officers or amount or value thereof to the same corporation, notwithstanding any others making release or pretended indemnity which may be given to him in the name any payment of the same corporation or any part or class thereof, or by any person contrary to this or persons on behalf of such corporation.
act, to make
good the amount or value so misapplied. VI. And in order to frustrate any fraudulent connivance or conceal- Corporators Dent, be it enacted, That it shall and may be lawful for any two or empowered to more freemen, burgesses, or corporators of such municipal corporation bring actions to commence, bring, and prosecute any action or suit at law or in or suits in the equity, in the name of the same corporation, against any officer, trustee, name of the or other person who may have made such illegal payment, transfer, or
corporation application as above mentioned, in the same manner, to all intents and purposes, as if they, their executors and administrators, were jointly and severally appointed the irrevocable attorneys of such corporation for that purpose: Provided nevertheless, that before the defendant in such action or suit shall be required to plead or answer, the plaintiff's shall give reasonable security for payment of costs, in case any shall become due from them, by the event of the action or suit, in such manner as the court in which the same shall be brought may direct; such costs to be taxed as between attorney and client.
VII. That any member of a municipal corporation who shall autho- Members of rize, direct, or command any payment, transfer, or application hereby corporations forbidden, or who shall assent to or concur or participate in any affirm- oflending ative vote, order, or proceeding relating thereto, or shall sign or seal in against this act his individual capacity or affix the corporate seal to any deed or instru- guilty of a
misdemeanor. ment hereby declared void, shall be guilty of a misdemeanor, and, being thereof legally convicted in his Majesty's court of King's Bench at Westminster, shall, in addition to such punishment as the court may award, be for ever disabled to take, hold, or exercise any office in the same corporation.
(No. III.] 2 & 3 W. IV. c. 80.- An Act to authorize the
identifying of Lands and other Possessions of certain Eccle
siastical and Collegiate Corporations. [3d August 1832.) WHEREAS the archbishops and bishops of the several dioceses, and
the deans, and deans and chapters, archdeacons, prebendaries, and canons, and other dignitaries and officers of the several cathedral and collegiate churches and chapels, and the masters or other heads, and fellows and scholars or other societies of the several colleges and halls in the Universities of Oxford and Cambridge, and of the colleges of Winchester and Eton, are proprietors of divers manors, messuages, lands, tenements, tithes, and hereditaments, and in many cases the boundaries or quantities and the identity of lands within such manors, and of such messuages, lands, tenements, and hereditaments, and of lands subject to any such tithes, or some part or parts thereof, are unknown or disputed, and it would be a great benefit, as well to such proprietors respectively, as to their lessees, copyhold or customary tenants, sub-lessees, or under-tenants, their, his, or her heirs, executors, administrators, or assigns, if the said manors, messuages, lands, tenements, tithes, and hereditaments were identified, and the boundaries and quantities thereof ascertained and finally settled : Be it enacted, &c. that
Archbishops, bishops, deans and chapters, &c. may enter into agreements or decis of reference with their le cos to ascertain and settle unknown or disputed boundaries or quantities of manors, die. Icared.